Terms and Conditions

Current as at 11 February 2014

1. Your agreement

KING CLOTHING CO PTY LTD ACN 162 375 699 trading as Jimmy Socks owns and operates the www.jimmysocks.com website (the Website). In these Terms and Conditions:

You and your means anyone that uses the Website.

We, us, our means King Clothing Co Pty Ltd ACN 162 375 699.

Use or using the Website means accessing, viewing, purchasing from or otherwise using the Website.

Your use of the Website is subject to these Terms and Conditions. By using the Website you agree to be bound by these Terms and Conditions.

Your agreement to be bound by these Terms and Conditions forms a legally enforceable contract between you and us. These Terms and Conditions are therefore very important and you should read them carefully before using the Website. If you do not agree to any of Terms and Conditions, you should immediately stop using the Website.

We may, at our sole discretion, change these Terms and Conditions without notice to you. Any change will take effect immediately upon posting the updated Terms and Conditions to the Website. Accordingly, you should regularly check these Terms and Conditions. Any subsequent use by you of the Website will constitute your acceptance of those changes.

You represent and warrant that you are at least eighteen years of age and have the legal right and ability to enter into a legally enforceable agreement with us.

2. Sale of products through the Website

2.1 Placing Orders

Products displayed on the Website constitute an invitation to treat by us, not an offer to sell.

An order placed by you for a product is an offer to buy that product from us pursuant to these Terms and Conditions at the price specified for that product (including delivery and other charges).

To the extent permitted by law, we may accept or reject your order in our absolute discretion and for any reason (or no reason) including the unavailability of any product, an error in the price or product description, an error in your order or if you appear to be a reseller, dealer or distributor or from a particular geographic region.

If we accept your order, we will send you an email confirming this.

You must review your order carefully before placing it. Once an order is confirmed, you are unable to cancel it. Please order carefully because we do not provide you with a refund simply because you have changed your mind, made a wrong decision (such as choosing an incorrect colour or size), found the relevant product cheaper somewhere else, decided you did not like the purchase or had no use for it. However, in these circumstances, we are happy to provide you with a store credit or exchange (at your election) if the requirements of clause 2.7 are met to our satisfaction.

If we do not accept your order or are unable to fulfil it for any reason (including because a product has become unavailable or we cease selling the product for any reason whatsoever), we will notify you and provide you with a full refund of any payment received. Except as required by law (including the Australian Consumer Law), we will not be liable to you for any other loss such as any additional costs associated with you purchasing the product from another retailer at a higher price (including delivery and other charges).

We may, in our absolute discretion, discontinue any product or change the description or price of a product, at any time without notice to you.

2.2 Price and Payment

The prices of products, delivery and other charges shown are in Australian dollars and include GST where applicable (currently 10%). Orders shipped to countries outside Australia are exempt from GST. The price will be adjusted accordingly at check out. However, you may incur taxes and duties by government agencies in the country where goods are delivered. These taxes and duties are your responsibility.

We only accept payments through the SecurePay gateway. SecurePay can enable payments via Visa, MasterCard, American Express, Diners Club or JCB. Upon receiving your order we undertake a standard pre-authorisation check on your card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited once the order has been accepted. Payment must be received in full prior to dispatch.

If your payment is not received or is declined by your card issuer, your order will be cancelled. In such instances the product may not be available should you try to order it again.

2.3 Supply and Delivery of Products

We will supply the products shown on your order confirmation in accordance with, and subject to, these Terms and Conditions.

We use Australia Post to deliver the ordered products. For delivery in Australia, a flat fee of $5 applies. For delivery outside Australia, a flat fee of $10 applies. Delivery fees may be waived by us at our absolute discretion.

Orders are usually dispatched within 2 business days after your order has been confirmed. Delivery times are estimated at between 1 and 5 business days for delivery to an address within Australia and between 4 and 10 days for delivery to an address outside Australia. These timeframes are a guide only. Many factors (some of which are beyond our control) can affect these timeframes. Therefore we cannot guarantee that they will always be met and take no responsibility for any delays.

We do not allow personal pick up.

2.4 Visual Appearance

We endeavour to depict the colours and images of our products that appear on the Website as accurately as possible. However, as the colours you see will depend on the monitor or screen of your computer or device, some products may differ in appearance from the way they appear on the Website.

2.5 Title and Risk

We retain ownership of products you order until payment is received in full for those products together with delivery and other charges.

Risk in the products you order, such as loss or damage, passes to you upon delivery.

2.6 Store credits, gift certificates and discounts

Store credits must be used within 12 months of issue. They are not redeemable for cash. They are redeemable for merchandise only. If a store credit is used by an unauthorised person, we hold no responsibility and will deem the store credit as having been validly used.

Gift certificates must be used within 12 months of issue. They are not redeemable for cash. They are redeemable for merchandise only. If a gift certificate is used by an unauthorised person, we hold no responsibility and will deem the gift certificate as having been validly used.

Discount codes may be offered from time to time for purchases made through the Website. A discount code may not be used in conjunction with any other discount. Only one discount code may be used per order. Other conditions of use of any discount code may be specified at the time of issue.

2.7 Change of mind returns

Please order carefully because we do not provide you with a refund simply because you have changed your mind, made a wrong decision (such as choosing an incorrect colour or size), found the relevant product cheaper somewhere else, decided you did not like the purchase or had no use for it. However, in these circumstances, we are happy to provide you with a store credit or exchange (at your election) if the following requirements are met to our satisfaction:

the product was purchased at full price (i.e. not discounted during a sale);

the product and the original tags, labels, packaging etc:

are returned to us within 14 days after you have received your order;

are not used or worn; and

are not damaged in any way whatsoever; and

you follow the returns process set out in clause 2.8.

2.8 Process for Returns

To return a product you must use the returns form which can be located here [#hyperlink].

You bear the risk of loss or damage to a returned product. We will not be responsible for a product lost or damaged in transit.

The original postage will not be refunded and any return postage will be charged to you except where:

you have been sent an item that was not what you had ordered; or

we are required by law to provide you with a refund, repair, replacement or exchange (for example under the Australian Consumer Law).

If a refund is issued, then the payment method used for the original purchase will be used for the refund.

A refund, store credit, replacement or exchange will not be given until the original product is received by us and your claim is verified. We aim to process the refund, store credit, replacement or exchange (as the case may be) within 14 days of receipt by us of the original product.

We will not give you a refund, store credit, replacement or exchange if in our reasonable opinion the product has following sale to you become of unacceptable quality due to misuse such as failure to use or wash in accordance with the accompanying instructions, using it in an abnormal way or failure to take reasonable care.

All replacements and exchanges are subject to product availability.

2.9 Consumer guarantees under the Australian Consumer Law

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

3. Use of the Website

3.1 Access to the Website

The only authorised access point to the Website is via http://www.jimmysocks.com and its associated mobile application.

You must not use the Website or its content:

except as permitted by these Terms and Conditions;

for any unlawful or illegal purpose;

to submit false or misleading information; or

to collect the personal information of others.

are not used or worn; and

You must not:

access any part of the Website by any means other than through the access points provided by us;

engage in any activity that interferes with or disrupts the Website or the servers and networks that host the Website;

upload or transmit viruses or any other type of malicious or technically harmful material that will affect the operation or functionality of the Website or the internet;

interfere with security-related features of the Website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or the content on the Website; or

attempt to do any of the above.

When you visit our website or other online platform we may collect, and you consent to the collection of, the following information:

We will not identify users or their browsing activities, except where required by law or in accordance with these Terms and Conditions.

Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.

3.2 Intellectual Property

Except as expressly stated otherwise on the Website, we own:

the copyright in all the information contained on the Website including all text, graphics, images and other material; and

all business names, trademarks, logos, domain names or other distinctive brand features on the Website.

You must not:

copy, duplicate, distribute, reproduce, sell, re-sell or otherwise exploit or use the Website or any of its content;

modify or copy the layout or appearance of the Website nor any computer software or code contained in the Website; or

decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.

If you correspond with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your correspondence and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include publishing testimonials on the Website and developing your ideas and suggestions for improved products or services we provide.

3.3 Your account

You are solely responsible for the activity that occurs on your account (including orders placed using your account), and you must keep your login information secure. We are not responsible for any unauthorised activity on your account if you fail to keep your account login information secure.

If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you must notify us immediately and take immediate steps to re-secure your account (including by changing your password).

3.4 Termination of Services

We may at any time stop (temporarily or permanently) providing access to the Website to you at our discretion and without prior notice to you.

We may terminate your account or restrict your access to the Website. If we do this, you may be prevented from accessing all or parts of the Website, your account details or other content contained in your account.

3.5 Changes to the Website

We reserve the right to change the Website at any time without notice to you.

You acknowledge and agree that you may not be able to access the Website in the same way or with the same equipment or software you used prior to the change.

You also acknowledge and agree that the Website may not be:

available at all times; or

provided without fault or disruption.

3.6 Disclaimer of Liability and Indemnity

Unless we are not permitted to do so by law (including under the Australian Consumer Law), neither we nor any of our directors, officers, employees and agents will be liable to you or any other person for, and you release and discharge us and our directors, officers, employees and agents from, any liability to you or any other person for any losses, damages, expenses and costs of any kind or nature sustained or incurred by you or any other person (including special, incidental or consequential damages and howsoever arising, including negligence) in relation to the Website including losses, damages, expenses or costs sustained or incurred as a result of, whether directly or indirectly:

your use of the Website;

errors, mistakes or inaccuracies on the Website;

you acting or not acting on any information contained on or referred to on the Website or any linked Website;

us exercising the rights, powers and discretions conferred on us under these Terms and Conditions;

personal injury or property damage of any nature resulting from your use of the Website;

any unauthorised access to or use of our secure servers or personal or financial information stored on those servers;

any interruption or cessation of transmission to or from the Website;

any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through our Website by any third party; or

the quality of any product or service advertised or offered by a third party through the Website or any linked Website or featured in any banner or other advertising.

You indemnify us against all losses, damages, expenses and costs (including legal costs on a solicitor and own client basis and whether incurred by or awarded against that other party) that we may sustain or incur as a result, whether directly or indirectly, of any breach by you of these Terms and Conditions.

4. Privacy and direct marketing

Any personal information you provide to us will be collected, used, disclosed and otherwise managed in accordance with our privacy policy, which can be found here [#hyperlink]. You agree to be bound by that privacy policy and consent to the disclosures of your personal information as contemplated in that privacy policy.

You consent to receiving marketing and other commercial electronic messages from us but you may at any time opt out of receiving such messages by following the procedure set out in the messages.

5. General

5.1 Delay

We will not be liable for any delay in performing any of our obligations under these Terms and Conditions if such delay is caused by circumstances beyond our reasonable control.

5.2 Waiver

No failure to exercise nor any delay in exercising any right, power or remedy operates as a waiver. A single or partial exercise or waiver of the exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy. A waiver is not valid or binding unless made in writing.

5.3 Severability

Any provision of these Terms and Conditions that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions nor affect the validity or enforceability of that provision in any other jurisdiction.

5.4 Governing law and jurisdiction

These Terms and Conditions are governed by the laws of Victoria, Australia. You submit to the non-exclusive jurisdiction of the courts of Victoria, Australia in connection with matters concerning these Terms and Conditions.

5.5 Entire agreement

These Terms and Conditions constitute the entire agreement between the parties as to its subject matter. It sets out the only conduct relied on by the parties and supersedes all prior conduct and any earlier representations, agreements and understandings in connection with its subject matter.

5.6 Assignment

We may, without notice to, or consent from, you transfer the benefit of any agreement we have with you to another person.

5.7 Interpretation

The following rules apply in these Terms and Conditions unless the context requires otherwise.

Headings are for convenience only and do not affect interpretation.

The singular includes the plural and conversely.

A gender includes all genders.

If a word or phrase is defined, its other grammatical forms have a corresponding meaning.

A reference to a person, corporation, trust, partnership, unincorporated body or other entity includes any of them.

A reference to legislation or to a provision of legislation includes a modification or re-enactment of it, a legislative provision substituted for it and a regulation or statutory instrument issued under it.

A reference to conduct includes, an omission, statement or undertaking, whether or not in writing.

Mentioning anything after includes, including, for example, or similar expressions, does not limit what else might be included.